How are Supreme Court Justices appointed?

1. Vacancy occurs

2. President nominates

3. Senate Judicial Committee approves (50% + 1 required for approval)

Recent Successful Appointments

 Elena Kagan (Barack Obama) 2010

• previously White House Council and Solicitor General but no previous experience as a judge
• nomination endorsed by the deans of over a third of the nations law schools
• nomination and questioning uneventful
• described as an ‘Obama person’ i.e. moderate and favouring consensus
• approved by vote of 63-37

 Sonia Sotomayor (Barack Obama) 2009

• first Hispanic judge to sit on Supreme Court bench
• questioned about comments that a Latina women would make a better decision than a white male in earlier speeches (Newt Gingrich branded her a racist)
• 3^rd woman to sit on bench
• approved by vote of 68-31

 “Close Call” Senate Approvals

 Clarence Thomas (George H W Bush) 1990

• race based appointment?
• had never written a legal book, article, or brief of consequence, and had been a judge for only a year
• NAACP, and NOW opposed nomination because of his opposition to affirmative action and Roe v. Wade
• sexual harassment allegations from former colleague
• approved by vote of 52-48

 Senate Rejection of Nominees

Robert Bork (Ronald Reagan) 1987

• very right wing, nominated to replace a moderate
• wanted to roll back civil rights decisions made by previous courts
• nomination opposed by civil rights groups including ACLU
• TV ads attacked him as extremist
• indicated he may have wanted to reverse Roe v. Wade
• rejected by vote of 42-58

Clement Haynsworth (Richard Nixon) 1969

• right wing, nominated to replace liberal
• opposed by Democrats, liberal Republicans and NAACP
• allegedly favoured segregation and anti-labor
• rejected by vote of 55-45

G Harold Carswell (Richard Nixon) 1970

• nominated after Haynsworth nomination rejected
• questionable record on civil rights, women’s rights and favoured segregation
• painted as Southern right wing extremist, strict constructionist
• rejected by vote of 51-45